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Recent Posts in Modifications of Support Category

Can Supported Retired Spouse Be Forced to Fund Own Support or Resume Working After Age 65 | Marriage of McLain

Extending Marriage of Reynolds, Senior Citizens Facing Divorce Cannot Be Forced to Quit Retirement to Fund Their Self-Support The California Fourth Appellate District, Division Two, which includes ...
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Appealing California Family Court Decisions | What Are Family Law Writs | Can I Appeal My Divorce Orders? - Part 2

Part II of the Divorce' Appeals Mini-Series! Which Orders and Judgments Are Directly Appealable? Prologue So your family court judge screwed up and got it wrong, eh? This is a not uncommon ...
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Do I Need to Disclose My Bonus to My Wife if a Divorce Is Pending?

Is There An Obligation to Tell My Husband About the Year-End Bonus I Am About to Receive? This is a tough topic, because if you've found yourself here it is because you are struggling with your ...
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Marriage of Wilson - Trial Court May Refuse to Enforce Child Support Orders Where Minor Living With Grandparents!

California Courts Can Consider Equitable (Fairness) Arguments and Refuse to Enforce Child Support Orders In Favor of a Parent When The Children Were Living with Grandparents! In re Marriage of Wilson ...
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Fire Captain Has Fluctuating Income Where Fire Season Pays Higher Wages, But Court is Averaging OT Into His Yearly Income.

Q. My son who is a fire captain is going through a divorce/custody dispute. The problem is that during the summer months/fire season he works overtime. June-Sept. However, does not work significant ...
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How Do I Get My Ex's Tax Returns?

POST-JUDGMENT DISCOVERY IN DIVORCE OR CHILD SUPPORT CASES CA Family Code Section 3665 How Do I Get My Ex-Spouse's Yearly Tax Returns? Family Code section 3665 is typically applied in situations ...
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How Should BONUS INCOME Be Treated for Child and Spousal Support Purposes In California?

"Bonus" Income and Ostler & Smith Awards: Best Practices For How to Ensure Fair Child and Spousal Support Awards It is not uncommon for parties to divorce or custody proceedings to be ...
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What Is The "B-BUMP" In SPOUSAL SUPPORT Software Programs?

Q. I am in the process of settling my divorce with my ex-husband. Our only dispute is a fair amount of spousal support that I will receive. His attorney mentioned something he called the ...
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I Am UNHAPPY With The FAMILY COURT'S RULING. What Can I Do?

TIPS FOR CHALLENGING TRIAL COURT RULINGS: AN OVERVIEW OF NON-APPEAL MECHANISMS, AND THEIR GROUNDS AND PROCEDURES So you have been given a decision in your case and you don't like all or part of ...
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Is It Proper To Give A GAVRON WARNING Before the Final Judgment Is Entered?

Q. Is it proper for the Family Court to give a domestic partner a Gavron Warning when I am receiving temporary partner support and we haven't divided our assets so that no final judgment has been ...
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Do California Courts "ADD BACK" DEPRECIATION In Determining Child and Spousal Support?

Q. How do California Family Courts deal with depreciation in setting child and spousal support? Does depreciation reduce the paying spouse's income available for support and so lessen the amount ...
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GAVRON WARNINGS and SPOUSAL Support - What Self-Represented Parties Should Know!

The Morrison Rule, Richmond Orders, and Gavron Warnings: What Self-Represented Parties Ought Know About Continuing Spousal Support Jurisdiction Current trends among separating couples and in ...
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DEVIATING From "Guideline" (Presumptively Correct) CHILD SUPPORT in HIGH EARNER Cases

Special Circumstances in Child Support Cases Involving an Extraordinarily High Earners Actor Jon Cryer, one of the stars of the series "Two and a Half Men", was recently rebuffed by the ...
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Must I Submit My TAX RETURNS to the COURT or to the OTHER PARTY?

Q. I have a hearing coming up involving my ex-wife's request to modify spousal and child support. I've received a letter from her attorney demanding I bring my 2010 tax returns to court. I ...
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2011 REVISIONS to the California Family Code: Serving POST-JUDGMENT OSC's and MOTIONS

Effective January 1, 2011, you may serve post-judgment motions to modify custody, visitation, or child support orders by regular mail and file with the Court a declaration of mailing. This is revised ...
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ELKINS and New FAMILY CODE SECTION 217: How It AFFECTS YOU!

Elkins and Live-Witness Testimony The most important new rule in decades affecting the experience of California Family Law litigants is set to be unleashed on January 1, 2011. It promises a radical ...
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Is It Possible to Get My Ex's TAX RETURNS Without Any MOTION to MODIFY Pending Between Us?

Q. We were divorced three years ago and I haven't taken my ex-husband back to Court. I think he is earning a lot more now. Is there anything I can do to find out what his situation is short of ...
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How Can I Be Sure a Court Will Enforce My AGREEMENT Reached With My Spouse OUT OF COURT?

Q. My wife and I reached some agreements about support and property division in our divorce. Neither of us have attorneys. I want to write something up that is enforceable. Is there anything I should ...
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What should I know if I want to LIMIT or TERMINATE SPOUSAL SUPPORT in the future?

Q. My wife and I were married for 14 years. We have two children, aged 11 and 13. We are in our early 40's. My wife has a college degree, but quit working shortly before our first child was born. ...
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What do I do about SPOUSAL SUPPORT if my ex-spouse is COHABITING with another man?

/Family-Law-Blog/Categories/Cohabitation.aspx Q. My ex-wife is living with another guy. I am paying her spousal support per our settlement agreement. I have remarried, and this really upsets my ...
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How Do I Defend a Request by My (Former) Spouse to SET ASIDE our Support Orders?

Q. My former spouse claims that I lied on my Income and Expense Declaration and has filed a motion to set aside that order, seeking more money. How do I oppose this? A. This type of support ...
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What is permanent SPOUSAL SUPPORT in California?

Q. What rights do I have to permanent spousal support? I live in Palm Desert, CA. Suzanne A. Permanent spousal support is not usually "permanent," although it can be in cases of very long ...
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Is OVERTIME considered in fixing CHILD SUPPORT?

Q. Is overtime a factor in considering child support? Ted, in Fontana Yes, if there is already a history of overtime - meaning a court won't order a parent to work overtime who hasn't been ...
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